Serious injuries result in serious setbacks. Personal injuries can cause people to miss work, miss paying bills, and miss quality time with family because they are confined to a hospital bed. The pain these victims experience can be excruciating and require months, if not years, of recovery. Worse yet, the injuries these individuals face might be permanent, resulting in a continuous decline in their quality of life.
At The Law Office of Joshua Moody, we connect our clients with a Hesperia personal injury lawyer who can help them face their challenges head-on. Our goal is to provide our clients with full compensation by relying on our years of legal experience. When times are tough, you cannot count on an ordinary personal injury attorney. You need a Hesperia personal injury attorney in your corner who will come out swinging to get the job done.
Types of Accidents That Can Qualify for Personal Injury Lawsuits
Personal injury lawyers work with victims on a wide range of cases because so many potential lawsuits can be filed. When researching personal injury attorneys, it is crucial to understand the types of accidents that could result in a potential personal injury claim. Below are some examples.
Motor Vehicle Accidents
Millions of people drive vehicles daily to work, school, or while on vacation. Some drive cars, trucks, or motorcycles. Regardless of a person’s chosen method of transportation, accidents happen. You do not even have to be the vehicle’s driver to be in a motor vehicle accident. These accidents can also happen while riding in a car share vehicle, like Uber or Lyft. Hesperia personal injury lawyers can help identify who is at fault for these accidents so the victims receive the compensation they deserve for their injuries and damages.
Dog Bite Injuries
In California, dog owners must ensure that their dogs do not injure other people by keeping them on leashes, making sure they are muzzled or taking necessary steps to keep those around them safe. While the physical injuries associated with dog bites can be severe, mental trauma should not be discounted. These types of injuries are physically and psychologically dangerous.
Hesperia personal injury attorneys can prove helpful in slip-and-fall accident cases because the property owner is responsible for ensuring a safe, hazard-free environment. If the property owner fails to prevent accidents, a personal injury attorney can help hold them accountable for this negligence. It is important to note that slip-and-fall injuries can happen at a person’s home, a mall, a movie theater, or numerous other locations where premises liability applies.
Whether you buy a product online or in person, the companies that sell, promote, and produce these items have a duty to the public to ensure their safety. These products cannot be hazardous or cause harm to those who use them. If those products are unsafe to be used as intended, one (or more) of these companies can be held liable. This shared liability can be an essential part of a personal injury lawsuit.
Bicycle & Pedestrian Accidents
Accidents involving vehicles are not exclusive to cars, trucks, and motorcycles. Many accidents occur on an annual basis as a result of bicycles and pedestrians. Whether it is a case of a distracted bicyclist or a distracted pedestrian, one is just as harmful as the other. Being distracted is not the only cause for negligence. There are others to consider. With the help of a Hesperia personal injury attorney, a victim can build the most substantial claim possible.
Wrongful Death Claims
Many people think of injuries as being temporary. Frequently, this is true. However, there are unfortunate circumstances where accidents become fatal. When faced with losing a loved one because of the negligence of another party, the toll it can take on a family is immeasurable. In these cases, a wrongful death claim should be filed to pursue compensation.
Negligence and Grounds for a California Personal Injury Claim
According to California law, victims are only allowed to sue for injuries if the person being sued was negligent and caused the injury for which they are being sued. The case has no legs to stand on if this cannot be proven. Personal injury lawyers are worth their weight in gold because they can help clients navigate common pitfalls and build a solid personal injury claim.
Driving under the influence of drugs or alcohol is an example of negligence. Walking a violent dog without a leash is another example of negligence. Suppose a children’s stroller company fails to recall a product they know is harmful to children. What if a restaurant is aware of soda that spilled on the ground and chooses to ignore it rather than clean it? Both of these are examples of negligence.
While it may not be obvious to some, multiple individuals or organizations can be at fault for an injury. For example, let us say that a retailer knows that a life jacket they sell does not work as intended. They are negligent if they report this to the manufacturer but continue to sell the item. If the manufacturer and its marketing agency are also aware of this issue and continue to produce and market the item rather than recall it, they are also negligent. So, in this example, up to three parties can be held responsible for the injuries caused by this product.
A personal injury lawyer in Hesperia can help Californians best understand who to go after based on the facts of their case. A skilled and competent attorney will investigate on their client’s behalf and uncover all the necessary information required to achieve the best outcome possible.
Types of Compensation That Can Be Recovered
When filing a personal injury claim in California, it is essential to show exactly why you should be compensated. If there are no damages, then there is no compensation. Therefore, submitting a list of the numerous damages is essential to a personal injury claim.
Below are examples of personal injury damages that should be considered when building a personal injury claim with a personal injury lawyer:
- Medical bills: this can include doctor’s appointments, physical therapy, prescription drugs, tests, surgeries, and rehabilitation
- Lost wages: this accounts for money lost because of an inability to work in the short-term and long-term, including salary, bonuses, and benefits
- Household assistance: if a victim needs to pay for childcare, onsite nurses, or other household assistance because of the injuries sustained, these costs can be included in the damages
- Pain and suffering: the emotional suffering and physical pain brought on by the injuries must be accounted for in the damages, even though quantifying for such a cost can be challenging
- Wrongful death and funeral costs: in the unfortunate event that an accident is fatal, the expenses associated with the death and burial of the victim must be included in any compensation received
It is not enough to simply list these damages. A victim and their personal injury attorney in Hesperia must assign a value to each of these damages so it is clear how much compensation is being sought. Personal injury lawyers can assist with calculating an appropriate value for damages to ensure that the amount received is to the victim’s liking.
California Personal Injury Statute of Limitations
For those looking to file a personal injury claim in California, one must be aware of the statute of limitations. The last thing a person wants to do is let too much time pass and then find out that they are ineligible to collect the compensation they rightfully deserve for their damages.
Attempting to tackle the complexities of California personal injury law after being the victim of an accident is too much to ask of a person. Instead, they should entrust such an important responsibility to a personal injury attorney in Hesperia with the knowledge and experience to win on their behalf.
In California, the statute of limitations for personal injury cases is two years. So, the victim has two years from the date of the accident or injury to file their claim. There are exceptions to this rule. However, two years applies in most situations.
What happens if two years pass and the victim does not file a claim? In this situation, the right to sue the negligent party expires. The statute of limitations expiring is not something a victim or their family wants to happen. Understandably, one might feel in over their head after trying to bounce back from a personal injury accident. However, this is why it is so important to enlist the services of a personal injury lawyer immediately after an accident occurs. Personal injury lawyers can check off all the necessary boxes while the victim focuses on trying to get back to normal.
Other Options When The Statute of Limitations Expires
As noted, there are certain situations where the statute of limitations in California can exceed two years. When applicable, delayed discovery may come into play. Delayed discovery is the most common way the California legal system makes accommodations for the rare circumstances when the two-year statute of limitations on personal injury claims is insufficient.
When does the delayed discovery rule apply? When a person does not immediately realize that they are injured or that another individual’s negligence is what caused their accident is when delayed discovery is applicable. After all, a claim cannot be filed if someone does not know that they are injured or if they discover later that someone caused the accident that led to that injury.
Suppose the person responsible for an accident decides to leave California before a claim can be filed. They cannot be served in this situation, so the lawsuit cannot proceed. To account for this unique circumstance, the statute of limitations pauses while the soon-to-be defendant is out of state. When they return, the negligent party can face additional legal consequences.
When researching personal injury lawyers in Hesperia, it is vital to find one thorough enough to determine if your case can benefit from an extension. One should never assume that a case will receive an extension. Therefore, time is always of the essence when filing a personal injury lawsuit.
How a Hesperia Personal Injury Lawyer Can Help
There are many ways a person can be injured. No one ever plans for these injuries to happen. They just do. While victims cannot anticipate an injury occurring, they can hire a Hesperia personal injury attorney who can anticipate their needs.
The average person, especially one who has never filed a personal injury claim before, has no idea what to do once injured. Their primary concern is healing their body and getting back to some sense of normalcy. These are the correct priorities. However, they should not lose sight of being compensated for the damages they incurred because of the negligence of another party (or parties).
Personal injury lawyers in Hesperia can help clients understand what qualifies for a personal injury lawsuit. These attorneys can also explain negligence, what types of compensation can be recovered, and how the California statute of limitations affects their case, among other important considerations. The bottom line is leaving a personal injury lawsuit up to chance or not exploring your legal options at all could be one of the biggest mistakes. Therefore, victims of personal injuries must hire a Hesperia personal injury lawyer immediately to help them with their case.
Contact The Law Office of Joshua Moody for a Hesperia Personal Injury Lawyer
At The Law Office of Joshua Moody, we are dedicated to providing our clients with the representation they need and deserve. Our attention to detail and successful track record is why they turn to us for a Hesperia personal injury lawyer. We support our clients throughout the entire legal process and make sure to alleviate their worries and concerns. With our team on your side, you can rest assured that you will get the results you deserve. Contact us today so we can help you with your legal case.